Transactional law CLE on tap for next week

TennBarU and the TBA Young Lawyers Division present a six-hour transactional law primer next Friday, Dec. 8 at the Bar Center in Nashville. Designed specifically for non-litigating attorneys, the seminar will cover such issues as buying and selling a corporation, conflicts of interest, document retention and franchising. The session is open to lawyers of all ages and all practice levels. For more information, a roster of speakers and an online registration form, visit:

https://www.tba.org/onsiteinfo/transactions_2006.html

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

PAUL H. MARTIN v. BILLY W. LONG PAUL H. MARTIN v. BILLY W. LONG

Court: TCA

Attorneys:

Robert L. Huskey, Manchester, Tennessee, for the appellant, Paul H. Martin.

Jeffrey D. Ridner, Tullahoma, Tennessee, for the appellee, Billy W. Long.

Judge: COTTRELL

This case is based on the existence of an oral contract. The trial court determined that there was insufficient proof on damages to allow the plaintiff any recovery. We remand the case for findings about the existence and terms of the alleged oral contract.

http://www.tba2.org/tba_files/TCA/2006/martinph_120106.pdf


STATE OF TENNESSEE v. MONTGOMERY HILTON GARNER, ALIAS MONTGOMERY WELLS

Court: TCCA

Attorneys:

Larry Young and Susie Lodico, Chattanooga, Tennessee, for the appellant, Montgomery Hilton Garner, alias Montgomery Wells.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; James A. Woods, Jr. and Leslie Anne Longshore, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: TIPTON

The defendant, Montgomery Hilton Garner, appeals by permission of the trial and appellate courts pursuant to Tennessee Rule of Appellate Procedure 9. The trial court granted a mistrial during the defendant's trial for attempted first degree murder and domestic aggravated assault. The defendant claims that double jeopardy bars his retrial. We hold that no manifest necessity existed for the mistrial and that double jeopardy bars retrial. We reverse the trial court and remand the case for dismissal of the charges.

http://www.tba2.org/tba_files/TCCA/2006/garnerm_120106.pdf


TODAY'S NEWS

Legal News

Legal News
New rules affect emails, instant messages, more
U.S. companies will need to keep track of all the e-mails, instant messages and other electronic documents generated by their employees thanks to new federal rules that go into effect today, the Washington Post reports.
Read the Washington Post story
Learn more about new E-Discovery rules
TennBarU's Dec. 14 seminar in Nashville will fully discuss and explain these new amendments and detail the practical effects of the rules on the practice of law in state and federal courts.
Find out more or register today
Read the amendments
Commissioner makes case for changes in Juvenile Court
Shelby County Commissioner Deidre Malone outlines why she thinks the Juvenile Court system is outmoded and in need of changes in a Memphis Commercial Appeal guest column.
Read her column
Spector touts corporate attorney-client privilege bill
Legislation aimed at protecting companies' attorney-client privilege will be introduced next week by Sen. Arlen Specter unless the Justice Department acts first, Congressional Quarterly reports. At issue is a Justice Department policy that requires companies to waive the attorney-client privilege and release the results of internal investigations in order to be viewed as cooperative and qualify for more lenient punishment. The TBA has lobbied the Tennessee delegation in support of changes to the policy.

Is more oversight needed for juvenile records?
The problem of releasing juvenile records at the Tennessee Bureau of Investigation is only a symptom of a much larger problem, the Nashville City Paper says in an editorial today. It calls for legislative leaders to review how all juvenile records are held and generated in Tennessee.
Read the full editorial

 
 
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